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A. When the building official has inspected or caused to be inspected any building or structure and has found and determined that such building or structure is a "dangerous building", as defined herein, the building official shall commence proceedings to cause the repair, vacation, or demolition of the building.
B. Upon such finding, the building official shall issue a notice and order directed to the record owner of the building and/or the occupants of the building. The notice and order shall contain the following information:
1. The street address and a legal description sufficient for identification of the premises upon which the building is located.
2. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of this chapter.
3. A statement of the action required to be taken as determined by the building official.
a. If the building official has determined that the building or structure must be repaired, the order shall require that the owner obtain all necessary permits, if any, and that all repairs commence within such time (not to exceed 60 days from the date of the order) and completed within such time as the building official shall determine is reasonable under all of the circumstances.
b. If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable under the circumstances.
c. If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefor within sixty (60) days from the date of the order; and that the demolition be completed within such time as the building official shall determine is reasonable under the circumstances.
4. Statements advising the owner that if any required repair or demolition work is not commenced within the time specified, the building official will order the building vacated and posted to prevent further occupancy until the work is completed and may proceed to cause the work to be done and charge the costs thereof against the property or its owner.
5. Statements advising that any person having any record title or legal interest in the building may appeal from the notice and order of any action of the building official to the town board, provided that the appeal is made in writing and filed with the town clerk within fifteen (15) days from the date of service of such notice and order; and that failure to appeal in a timely manner will constitute a waiver of all right to an appeal hearing. Any appeal shall state with specificity the reasons for the appeal.
6. Statements advising that the order may be enforced by the municipal court for the town of Simla.
7. Service of the notice and order may be made upon the owner of the property by either mailing a copy of the notice and order to the owner by certified mail, delivering a copy of the notice and order to the owner at his address or wherever he or she may be found, and/or by posting such notice and order to the front door or other visible portion of the subject property. (Ord. 246, 10-5-2004)
A. Refusal To Comply: Should the owner, or person or persons in control of the dangerous building fail or refuse to comply with the notice and order issued by the building official, and further fail to appeal to the town board within the time required by this chapter, the building official shall cause a summons and complaint to be served upon the person or persons, in accordance with the Colorado municipal court rules of procedure, requiring the person or persons to appear in Simla municipal court on a date certain to answer the charges against him or her. Nothing in this chapter shall be construed to prevent the building official from taking immediate action to abate the dangerous building if in the building official's discretion immediate action is required due to an imminent and immediate hazard, danger, and safety factor existing to the public at large if immediate action is not taken.
B. Abatement: The town, through the building inspector, upon the determination that an owner, person, or persons, in control of a dangerous building, has failed and refused to bring the dangerous building into compliance, and/or upon a finding of the Simla municipal court judge that the subject property is in violation of this chapter, may take such action as is necessary to abate the dangerous building and to bring the subject property into compliance. The whole cost, thereof, including the town's reasonable costs (including legal, engineering, and other technical expenses) incurred in enforcing this chapter, together with five percent (5%) for inspection and other incidental costs in connection therewith, shall be assessed upon the lots and tracts of land which have been adjudicated to be a dangerous building. The assessment shall be a lien against each lot or tract of land until paid.
C. Certification To County Treasurer: In the event the assessment for the abatement of the dangerous building is not paid within thirty (30) days of the final billing of the town, or of such deadline as is established by the Simla municipal court, whichever the case may be, the town may certify the sum owed to the Elbert County treasurer who shall collect the assessment, together with a ten percent (10%) penalty for cost of collection, in the same manner as other taxes are collected. (Ord. 246, 10-5-2004)
A. Those persons or entities in violation of the provisions of this chapter may be subject to a fine not to exceed five hundred dollars ($500.00) for each violation of this chapter, for each day that the property is not in compliance with the provisions of this chapter. (Ord. 246, 10-5-2004)